Green argued in court that her inclusion in the pageant would not prevent the Miss USA organization from expressing its viewpoints. 'The Pageant expresses its message in part through whom it chooses as its contestants, and the First Amendment affords it the right to do so.'

'The pageant would not be able to communicate 'the celebration of biological women' if it were forced to allow Green to participate,' the opinion reads. The court also said the pageant's 'natural born female' eligibility requirement is not in violation of OPAA, and that allowing Green to participate in the pageant would prevent the organization from expressing its point of view.

It agreed with the United States of America Pageants' lawyers that the First Amendment protected the organization's 'expressive association rights to exclude a person who would impact the group's ability to express its views.' The appellate court Wednesday released its 106-page opinion. United States of America Pageants did not disagree that it must abide by OPAA, but it argued that it is within its First Amendment rights to reject a particular contestant. The OPAA states that 'all Oregonians have the right to full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, without any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, national origin, disability, marital status or age (above 18).'

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